Section 21

Section 21 is the no fault way of obtaining possession from a shorthold tenant.

This is known as Accelerated Possession and is based simply on the fact that the tenancy has come to an end (or a break clause has been exercised) and a valid Section 21 notice has been properly served and has also expired. Alternatively, Section 21 can be relied on if the tenancy is a periodic tenancy, including a statutory periodic tenancy. You cannot serve it before you become the landlord so do not do this before the day the tenancy starts.

Possession under Section 21 cannot be given before the end of the first six months of the tenancy.

Hitherto it was generally considered only a Section 21(4) Notice (expiring on the last day of a period of the tenancy) could be used to obtain possession once the fixed term of a tenancy had run out and the tenancy was continuing as a periodic tenancy. This has been overturned by Spencer v Taylor which means that a Section 21(1) Notice can also be given in certain circumstances. A Section 21(1) notice can expire at any time so long as a minimum of two months' notice is given. However it cannot expire earlier than the last day of the fixed term of the tenancy.

On this page we explain in more detail exactly what a Section 21 notice is, the different types of Section 21 notices, guidance on the correct procedure to follow and links to download Section 21 notice, court form N5b and court form N325

Tenancies are either fixed term (e.g. for six months or twelve months) or periodic (e.g. monthly). A periodic tenancy may follow on from the end of a fixed term tenancy. Where a fixed term shorthold tenancy ends but there is no provision in the agreement for it to continue then, where the tenant stays on, a statutory periodic tenancy starts.

What is a Section 21 notice?

A Section 21 Housing Act 1988 notice is the first step to obtaining the property back when there is "no fault" alleged i.e. the landlord wants to regain possession of a property at the end of an Assured Shorthold Tenancy (AST) or wishes to exercise a "Break Clause". The landlord is able to issue the tenant with a Section 21 notice without giving any reason for ending the tenancy agreement. The notice must be in writing.

There are 2 types of Section 21 notice

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